RBE No. 73/2000: Retention/Allotment of Railway Quarters
No.E(G)99 QR1-16, dated 20.04.2000
Sub: Implementation of the interim orders of High Court of Delhi in Writ Petition No. 5057 of 1999 on retention/allotment of railway quarters.
1. The various issues related to the powers of Ministry of Railways to frame orders and guidelines for allotment and retention of Railway accommodation and to make exceptions thereof have become sub-judice as a result of Writ Petition No. 5057 of 1999 filed by the Federation of Railway Officers. During the proceedings of the above writ, the Hon’ble High Court passed an interim order on 28.09.1999 that the respondent (Ministry of Railways) should make allotment only in accordance with the existing rules, guidelines, criteria, circulars and office orders. In the hearing on 13.03.2000, while reiterating the operation of its interim order of 28.09.1999, the Hon’ble Court further clarified that the interim order of 28.09.1999 applies even to retention of quarters. The Hon’ble Court further directed that no person will be allowed to retain Railway quarter in violation of existing rules, guidelines, criteria and circulars.
2. In pursuance of the above interim directions of the Hon’ble Court, the Board have already been directing the Zonal Railways/ PUs in individual cases to strictly observe Board’s orders and guidelines in matter of allotment/retention of railway quarters. Now in pursuance of Hon’ble Court’s interim directions mentioned above, the Board have decided that the following instructions should be strictly implemented by the Zonal Railways/ Production Units:-
(i) Allotment of Railway quarters should be strictly as per the existing orders/ guidelines and no retention of Railway quarters should be allowed beyond the period permissible under the extent orders. This shall apply to both the existing and the future cases.
(ii) In cases where occupation of a Railway quarter is un-authorizedly continued beyond the period of retention permitted under the rules, the allotment should be cancelled and the continued occupation should be declared as un-authorized. For such period of un-authorized retention of Railway quarter, damage rent should be charged. Simultaneously, eviction proceedings should also be initiated.
(iii) There should be no let up in the enforcement of the eviction orders after the same is passed by the competent authority.
3. A report of action initiated/ taken in this regard may be furnished within a fortnight to enable position being put up to Board. While furnishing the information the number of cases in which damage rent has been levied and the number of cases in which eviction proceedings have been initiated should also be indicated.
Download Railway Board Circular RBE No. 73/2000
Forward reference⇒RBE No.